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Sent a cpr to restons on Tuesday recieved a reply to day acknowledging receipt and stating the following
"We would point out that the claimwas issued via the county court business centre which is a procedure specfically provided for in the cpr. The procedure only allowsa claimant to insert brief details of tge claim and does not allow for attachment of any enclosures. Paragraph 5.2a of practice direction 7e specfially states ' the requirement in paragraph 7.3 of practice direction 16for documents to be attached to the particulars of the contract claims does not apply to claims started using an online form unless tge particulars are served speratley in accordance with paragraph 5.2 of this practice direction'.
We would also remind you that a cpr 31.14 states aparty my inspect a document mentioned in
A) a statement of case
B) a witness statement
C) a witness summary
D) an affidavit
You would have been provided with a copy of. The contractual terms and conditions at the time the account wad opened hence we se no reason why you now require an additional copy.
Furthermore the other documents you requested are not mentioned in the paticulars of claim and therefore cpr 31.14 does not apply. ( i requested only documents on the pariculars).
Although your letter states you require the requested documents in order to file a defence/counterclaim we would point out that the particualrs of clAim contains sufficient information in order for you to understand what the claim relates to
A) date account opened
B) account number
C) oustanding balance
D) name of origanl creditor
E) the fact the account has been assigned to the claimant and when assigned.
We trust this clarifies matters...."
Now i love a well worded response but to me the smacks of we are being awkward.... My question is therefore do i need to bite by sending a letter expressing that they must comply or do i just sit back and in my defemce point out they failed to comply with the cpr?
Thanks
"We would point out that the claimwas issued via the county court business centre which is a procedure specfically provided for in the cpr. The procedure only allowsa claimant to insert brief details of tge claim and does not allow for attachment of any enclosures. Paragraph 5.2a of practice direction 7e specfially states ' the requirement in paragraph 7.3 of practice direction 16for documents to be attached to the particulars of the contract claims does not apply to claims started using an online form unless tge particulars are served speratley in accordance with paragraph 5.2 of this practice direction'.
We would also remind you that a cpr 31.14 states aparty my inspect a document mentioned in
A) a statement of case
B) a witness statement
C) a witness summary
D) an affidavit
You would have been provided with a copy of. The contractual terms and conditions at the time the account wad opened hence we se no reason why you now require an additional copy.
Furthermore the other documents you requested are not mentioned in the paticulars of claim and therefore cpr 31.14 does not apply. ( i requested only documents on the pariculars).
Although your letter states you require the requested documents in order to file a defence/counterclaim we would point out that the particualrs of clAim contains sufficient information in order for you to understand what the claim relates to
A) date account opened
B) account number
C) oustanding balance
D) name of origanl creditor
E) the fact the account has been assigned to the claimant and when assigned.
We trust this clarifies matters...."
Now i love a well worded response but to me the smacks of we are being awkward.... My question is therefore do i need to bite by sending a letter expressing that they must comply or do i just sit back and in my defemce point out they failed to comply with the cpr?
Thanks
